IN CASE OF A FAILURE TO ARRANGE THE ZONING STATUS FOR A CONSTRUCTION AGREEMENT OR CANCELLATION OF THE CONSTRUCTION WORKS BY THE LOCAL ADMINISTRATION, THE CONTRACTOR’S LIABILITY TOWARDS THE CLIENT AND FURTHER CONSEQUENCES REGARDING THE AGREEMENT

In Turkey, due to the frequent changes of construction regulations and plans, the performance of an agreement may become unfulfilleable or impossible, because of the failure to obtain required licenses after the conclusion of the contract or cancellation of the construction works by the local authorities. In such cases, the answers to the questions “What…

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MERGER AND ACQUISITIONS IN TURKEY

Overall View of Foreign Investments In Turkey By the Law No. 4875 “On Direct Foreign Investments” of 5 January 2003, the previous regulation of the Law on Encouragement of Foreign Investment was abolished. The new law aims to promote direct foreign investments, protection of foreign investors’ rights in the context of investment and investor terms…

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PROCEEDINGS FOR DEBT COLLECTION ON TURKISH LAW

The legal proceedings that can be applied on Turkish Law for the collection of a debt that is not secured with a pledge can be classified as “Execution for Debt” and “Action of Debt”. The creditor who obtained a judgment debt with the Action of Debt can make collection over the debtor’s property ownership with…

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THE CRIME OF USING FORGED DOCUMENT AT TAX LAW

This article’s preamble and conclusion parts have been translated into English. The content of it is 13 pages and Turkish version is issued at our website. PREAMBLE Tax evasion crime committed by using forged document is essentially one of the economic crimes committed against state tresuary that is regulated at paragraph B of article 359…

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STRUCTURING INCONSISTENT WITH CONSTRUCTION PERMIT, UNLICENSED CONSTRUCTION AND LEGAL RESULTS

Construction permit is a utilization permit provided by the Administration to the owners when using property rights. Even if it is in accordance with the zoning plans and regulations, owners cannot do any constructional activity on their parcels without obtaining consent from the Administration. Constructing without consent of the related administration has administrative and punitive…

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ATTORNEY’S DUTY OF CARE

First of all, as a profession “lawyer” has to be defined to explain the lawyer’s duty of care. As stated on the first article of the Attorney’s Code numbered 1136, advocacy is a self employment and at the same time it provides a public service. Advocacy is an independent representative of the defense which is…

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THE LAWSUIT FOR THE REASSESMENT OF LAND SHARE

1. Introduction Land share expresses the parts of single spaces that are assigned right of common ownership on a land. People have real estate as common ownership on a land by having single spaces as apartments or workplaces in the same building because especially commercial and tourism earning is high or land is few and…

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